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HomeMy WebLinkAboutCC ORD 1988-1964 Amends Title 17, subdivisions (17.01, 17.02, 17.03, 17.04, 17.05, 17.06, 17.07, 17.08, 17.09, 17.11, 17.12)ORDINANCE NO. 1964 AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING TITLE 17 (SUBD1V1SIONS) OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 17 of the National City Code is amended to read as follows: Title 17 SUBDIVISIONS Chapters: 17.01 General Provisions 17.02 Definitions 17.03 Required Maps 17.04 Tentative Maps - Procedures 17.05 Final Maps - Procedures 17.06 Vesting Tentative Maps 17.07 Dedications and Improvements 17.08 Additional Requirements 17.09 Bonding and Improvement Security 17.10 Merger of Parcels 17.11 Adjustment Plats 17.12 Enforcement Chapter 17.01 GENERAL IOVISIONS Sections: 17.01.010 Citation and Authority 17.01.020 Purpose 17.01.030 Conforms— with General Plans, Specific Plans and Other Regulations 17.01.040 Modification of Previsions of Requirements 17.01.050 Faees and Deposits 17.01.010 Citation and Authority This title is adopted to supplement the Sulh9ivision Map Act (Title 7; Division 2, California Government Code) and may be cited as the Subdivision Ordinance of the City of National City. 17.01.020 Purpose It is the purpose of this title to regulate and control the division of land in the City of National City and to supplement the provisions of the Subdivision Map Act. The regulations address the design, improvement, and survey data of subdivisions; the form and content of all required maps provided by the Subdivision Map Act; and the procedures to be followed in securing the approval of the City of National City regarding the maps. The regulations contained in this title are determined to be necessary for the preservation of the public health, safety and general welfare. Any reference herein to the Subdivision Map Act, or a specific section thereof, shall refer to the most currently amended edition. 17.01.030 Conformance with General Plan, Specific Plans and Other Regulations No land shall be divided and developed for any purpose which is not in conformity with this title, the Subdivision Map Act, the General Plan, any specific plan, or regulatory ordinance of the City of National City. 17.01.040 Modification of Provisions or Requirements Whenever, in the opinion of the City Council, and upon recommendation of the Planning Commission, the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by special circumstances or conditions, or is to be devoted to a use that is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations of this chapter, the City Council may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. In the case of subdivisions of four (4) or less parcels, this determination may be made by the Planning Ccnimission. 17.01.050 Fees and Deposits A. All persons submitting applications for the approval of maps, or for other approvals as required by this chapter, shall pay all fees and/or deposits as provided by this chapter and by the City Council's resolution or resolutions establishing applicable fees and deposits. Said resolution or resolutions are hereby incorporated by this reference. B. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing of a tentative map. C. Any subdivider or developer submitting a tentative map, final map, parcel map, public improvement plans and/or private grading plans to the City Engineer for approval shall, upon submittal of the map and/or plans, become liable to We CiLy lOr We actual cost to the City of checking the map and/or plans and inspecting the improvements, including necessary laboratory tests. The cost to the City shall be determined by calculating the actual labor charges plus applicable fringe benefits, maintenance and operation and internal service charges for personal services of City employees, and for out-of-pocket expenses for work not performed by City employees. The City Engineer shall take no action upon any map, public improvement and/or private grading plans until a sum equal to three percent of the City Engineer's estimate of the cost of improvements and/or grading is deposited in the City Finance Department. The sum shall be in the nature of a deposit only and as an advance against the obligation of the developer to pay the City as provided herein. Should the City's costs exceed the sum so deposited, the balance due the City shall be paid prior to the final acceptance of the map, public improvements and/or private grading by the City Engineer. Should the sum so deposited exceed the City's costs, the excess shall be refunded to the developer. Chapter 17.02 DEFINITIONS Sections: 17.02.010 General 17.02.020 Definitions 17.02.010 General Words used herein that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Whenever the following wards are used in this title, they will have the meaning written in this chapter. 17.02.020 Definitions A. "Certificate of compliance" means a document describing a unit of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and this title. B. "Development Services Group" consists of the Departments of Building and Safety, Engineering, Fire and Planning. C. "Division of land" shall refer to any parcel or contiguous parcels of land, improved or unimproved, which are divided for the purpose of transfer of title, sale, lease, or financing, whether immediate or future, into two or more parcels. "Division of land" includes a condominium project as defined in Section 1350 of the Civil code; or a community apartment project as defined in Section 11004 of the Business and Professions Code; or a stock cooperative as defined in Section 11003.2 of the Business arx3 Professions Code. D. "Filing" shall mean the submittal of all such documents, statements, maps, plans, or other data deemed necessary by the City for the application for the tentative map, review of the final maps or plans, or the appeal process. Acceptance of a tentative map shall not be complete until all required documents deemed necessary have been received by the City. E. "Final map" shall mean a map showing a subdivision of five (5) or more parcels for which a tentative and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the County Recorder. F. "Lot or parcel" shall mean a unit or portion of land separate from other units or portions by description, as on a final map or parcel map, or by such other map approved by the County or by the City under the provisions of the Subdivision Map Act and of City ordinances in effect at the time of such approval, for the purpose of transfer of title, sale, lease, or financing. G. "Merger" means the joining of two (2) or more contiguous parcels of land under one ownership into one (1) parcel. H. "Parcel map" shall mean a map showing a subdivision of four (4) or less parcels as required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the County Recorder. I. "Owner" means the individual, firm, partnership, or corporation having controlling interest in land sought to be divided, or an agent thereof, duly authorized to commence proceedings. J. "Subdivider" shall mean an individual, firm, association, syndicate, co -partnership, corporation, trust, or any other legal entity commencing proceedings under this title to effect a division of land hereunder for himself or for another. Faployees and consultants of such individuals or leya.t entities, acti mj in such capacit y, aio not subdividers. K. "Subdivision" means the same as "Division of land", as defined above. L. "Tentative map" shall mean a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. A tentative map shall be prepared in connection with a parcel map pursuant to the provisions of this title regarding subdivisions of four (4) or less parcels. A tentative map shall also be prepared in conjunction with a final map pursuant to the provisions of this title for subdivisions of five (5) or more parcels. M. "Vesting tentative map" shall mean a tentative map which satisfies the requirements of Chapter 17.06 of this title. Sections: 17.03.010 17.03.020 17.03.030 17.03.040 Chapter 17.03 REQUIRED MAPS General Subdivision Map - Five (5) or more Parcels Parcel Maps - Division of Land - Four (4) or Less Parcels Waiver of Parcel Map Procedures 17.03.010 General The necessity for tentative and final subdivision and parcel maps shall be governed by the provisions of this chapter. 17.03.020 Subdivision Maps - Five (5) or More Parcels A tentative and final subdivision map shall be required for all divisions of land when the Director of Planning determines that such land may be developed into five (5) or more parcels, five (5) or more condominiums, a community apartment project containing five (5) or more parcels, or a stock cooperative containing five (5) or more dwelling units, except where: 1. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required; or 2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or 3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has approval as to street alignments and widths; or 4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section. If any of the above conditions are met, a parcel map shall be required as described in Section 17.03.030. 17.03.030 Parcel Maps - Division of Land - Four (4) or Less Parcels A tentative and final parcel map shall be required for all divisions of land as described in subsections 1 through 4 of Section 17.03.020 and for all divisions of land which create four (4) or less parcels and for which a final subdivision map is not required by the Subdivision Map Act, except where: 1. The Subdivision Map Act does not require a parcel map; or 2. The parcel map is waived pursuant to Section 17.03.040 below; or 3. An adjustment plat is proposed to adjust the boundaries between two (2) or more adjacent parcels (See Chapter 17.11 of this title). 17.03.040 Waiver of Parcel Map Procedures Under certain circumstances, as described in this section, the requirement that a parcel map be prepared may be waived by the Planning Commission, if requested by the Sithlivider, for the following: 1. The property is a division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgements or decrees; or, 2. The property to be divided is a result of conveyance of land, or interest therein, to or fruu a public agency for a public purpose, such as school sites, public building sites, or rights -of -way for streets, sewers, utilities, drainage, etc; or, 3. Any other division of real property which would otherwise require a parcel map. A. Certificate of compliance required In any case where waiver of a parcel map is granted, the Planning Commission, shall require the Director of Planning to file a certificate of compliance, as defined in Chapter 17.02, with the County Recorder's Office. The certificate shall include a statement from the County Tax Collector that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes which are a lien but not yet payable has been filed with the County. B. Information required A tentative parcel map with a wri sufficient information to enable t required findings consistent with request must be filed with the consideration of any waiver request. t t 011 wn i vr,rrequest si la 1 1 milt n i n Plat 1 ng Commission to mike the int ent of this tiLTe. The Director of Planning prior to C. Required finding For approval of the waiver request, it shall be found that the proposed division of land shall comply with the requirements as to area, improvement and design, flood water drainage control, sanitary disposal facilities, water supply availability, appropriate improved public roads, environmental protection and other requirements of the Subdivision Map Act and this title. Chapter 1 7.0 4 TENTATIVE MAPS - PROCEDURES Sections: 17.04.010 Form, Content and Accompanying Material 17.04.020 Submittal and Fees 17.04.030 Reports and Reconinendations 17.04.040 Planning Commission Action 17.04.050 City Council Action 17.04.060 Time Limits 17.04.070 Expirations 17.04.080 Amendments to Approved or Conditionally Approved Tentative Maps 17.04.010 Folm, Content, and Accompanying Material A. Each tentative subdivision map or tentative parcel map shall show and contain the following information: 1. The mane or title under which the proposed subdivision is to be recorded; 2. Space for the tentative map number (to be assigned by the Director of Planning). 3. Name, address, telephone number and signature of subdivider, owner or owners, and California registered civil engineer or California licensed surveyor, including registration or license number. 4. Sufficient legal description of the land as to define the boundaries of the proposed subdivision, and assessor's book, page and parcel number. 5. Date, north arrow and scale. Maps shall be drawn to clearly show all information to a scale wherein one -inch represents not more than 100 feet. 6. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community. 7. Name and number of any adjacent subdivisions and parcel maps shall be identified. When possible, the lot pattern of the adjacent subdivisions shall be shown where it is contiguous to the tentative map. 8. The locations, names, existing widths, approximate grades and radii of all highways, streets, alleys or ways within 100 feet of the exterior boundary of the proposed subdivision. 9. The widths, approximate grades and curve radii of all new highways, streets, alleys or ways within the proposed. subdivision with street names designated by letter (A, B, C, etc.) 10. The widths and approximate locations of all existing or proposed easements, including rights -of -way, wh(mther public or private, recorded' or unrecorded, within the snlxlivision or on adjacent parcels., 11. All buildings and traveled ways within the proposed sui division or within 100 feet of the exterior boundaries thereof. Buildings and trees shall be identified and i '-a ted approximately on the map and indicated whether to b removed or remain. Existing use of land adjacent to the subdivision shall be identified. 12. 'Lie proposed lot layout, approximate dimensions of each lot, 1 minimum area of each lot in square feet, approximate area of each lot and building site and the approximate finish grade of the building site pads. 13. All lots shall be numbered in consecutive order. Each separate tentative map should start with lot No. 1. 14. Statements of the total gross and net acreage as defined in the Land Use Code, Title 17 of the Municipal Code, minimum lot sizes, and the total number of lots proposed. 15. Lines of inundation of all 100-year flood plains. Locations of all areas subject to storm water overflow and the locations, widths and directions of flow of all water courses. 16. Adequate topographic information with contour intervals of not more than two (2) feet if the general slope of the land is less than ten (10) ' percent and (5) feet for all other areas within the proposed subdivision and 100 feet beyond the subdivision boundaries, with the tentative map design superimposed. A note shall indicate the source of the data used. If deemed appropriate, the Director of Planning may require different contour intervals. 17. The improvements the subdivider proposes to construct and install, including typical cross sections of street and drainage iinprovements. 18. Existing and proposed zoning for the subject property and existing zoning on the adjacent properties. 19. Tared use designation of the subject and adjacent property as shown on the City's General Plan or applicable specific plan. 20. The location of existing fire hydrants, water mains, culverts, drain pipes, sewers, wells, or underground structures, including underground tanks, within two hundred (200) feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed, or remain in operation. If no fire hydrants are located within 200 feet of the site, the location of the nearest fire hydrant shall be shown within 300 ,feet of the subdivision. 21. The location of all streets, existing or contained on adjacent approved tentative maps, where such streets intersect the boundary of the subdivision or where such streets intersect another street that forms a boundary or subdivision. 22. A layout of adjoining unsubdivided property in sufficient detail to show the effect of proposed streets that may intersect such property. 23. The location of any previously filled areas (witliin tlie subdivision. 24. Proposed direction of flow and grade of street drainage. 25. Statement of the present use and the proposed use or uses of the property., 26. Ille tentative map shall clearly indicate the proposed handling of storm waters. In the event that stick inforination cannot satisfackorily be sham on the tentative imp, the map shall be accompartied by whatever supplemental maps or written reports are necessary. 27. Grading :shall be shown on the tentative map for construction or installation of all improvements to serve the subdivision and feasible grading for the creation of building sites on each lot together with driveway access thereto. 17.04.030 Reports and Recaunelidations The Planning Depa tment shall distribute copies of the tentative map and, where appropriate, required written statements to each member of the Development Services Group, other relevant City departments and other agencies as necessary, requesting their comments. The Director of Planning shall incorporate the comments fruit the various officials and agencies into the staff report for the project. 17.04.040 Planning Commission Action The Planning Commission shall hold a public hearing on the tentative map. Notice of the hearing shall be given as required by the California Government Code, and ten (10) days mailed notice of the hearing shall be given to the subdivider and to all property owners within three hundred (300) feet of said subdivision. A. Tentative subdivision map - five (5) or more parcels After such hearing, the Planning Commission shall recommend that the City Council approve, conditionally approve, or deny the tentative subdivision map. A tie vote on a motion to reconmend approval or denial shall be considered a recommendation for denial. The Planning Commission shall make findings required by the California Government Code for approval or denial of a tentative map. The Planning Commission shall adopt its recommendation to the City Council, by resolution, within 50 days after the Director of Planning has determined all necessary information for the tentative map to be filed, unless the time is extended by the Planning Commission with the consent of the subdivider. The Planning Director shall notify the City Clerk of the Planning Commission action and the need to schedule a City Council hearing. B. Tentative parcel maps - four (4) or less parcels The Planning Commission shall approve, conditionally approve, or deny the tentative parcel map within 50 days after all necessary information ip determined to be filed, unless the time is extended with consent of the subdivider. A tie vote shall be considered an action of denial. The Planning Commission shall make findings required by the Government Code for approval or denial of a tentative map. 17.04.050 City Council Action A. Tentative subdivision maps Me City Clerk shall schedule a public hearing to be held no later than 30 days after the next regularly scheduled City Council meeting which follows the date of adoption of the Planning Commission resolution. The Council shall approve, conditionally approve, or disapprove the tentative map within such 30-day period, unless the time period is extended with the consent of the subdivider. The City Clerk may schedule the hearing at a later time with the written consent of the subdivider. B. Tentative parcel map appeals The subdivider or any interested person adversely affected by any Planning Commission action with respect to the tentative map may, within ten (10) days after the decision, file an appeal in writing with the City Clerk. The appeal shall be accompanied by a processing fee as prescribed by resolution of the City Council. The City Council shall consider the appeal at a public hearing within thirty (30) days after the date of filing of the appeal, unless the appellant consents to a continuance. The Council may sustain, modify, reject, or overrule anTrecommendations or rulings of the Planning Commission and may make any findings which are consistent with the provisions of the Subdivision Map Act or this title. Both the proposed grades and the existing topographic contours must be shown on the map. If the subdivider does not intend to grade the building sites, a statement to that effect shall be placed on the tentative map. However, feasible grading for building sites shall be shown on the tentative map unless the Director of Planning determines this to be unnecessary. 28. If the tentative map is for condominiums, a statement shall be added, as follows: "This is a map of a residential/commercial/industrial condominium project as defined in Section 1350 of the State of California Civil Code." 29. The subdivider shall specify any deviation from City standards and the authority for such deviation. 30. The tentative map shall clearly show the method of sewage disposal. In the event this information cannot satisfactorily be shown on the tentative map, the map shall be accompanied by whatever supplemental maps or written reports are necessary to show the proposal. Any existing subsurface septic systems shall be shown on the map with a note whether such septic system will remain. 31. The Director of Planning may waive any of the foregoing tentative map requirements whenever the division of land is such as not to necessitate compliance with these requirements or when other circumstances justify such waiver. B. The following supplemental drawings, statements, and data shall accompany the tentative map: 1. If the subdivider plans to develop the site in phases, the proposed sequence of construction shall be provided. 2. A statement consenting to the submission of the tentative map by the party ,holding a proprietary interest in the parcel or parcels comprising the division of land. 3. A preliminary title report. 4. Three (3) copies of a geologic and/or soils report, unless waived in writing by the City Engineer. 5. A flood hazard report, prepared by a California registered civil engineer, if required by the City Engineer. 6. An application for Initial Study, required by the California Environmental Quality Act, unless the Director of Planning determines that previously completed environmental review adequately addresses the subdivision. 7. Any other dlta or reports as deemed necessary by the Director of Planning or the City Engineer. 8. The Director of Planning may waive any of the foregoing when such is not necessitated by the nature of the division of land. C. All tentative, maps shall further conform to any rules and regulations for submittal: of tentative maps as specified by the Director of Planning. 17.04.020 Subnitt4 and Fees The tentative map along with the information required for processing shall be filed with the Department of Planning. The subdivider shall file with the Department the number of copies determined necessary by the Planning Director, includisig reduced copies for a report format. Filing fees shall be those prescribed:by resolution of the City Council. 17.04.060 Time Limits A. For acting on tentative maps The time limits for acting and reporting on tentative maps may be extended by mutual consent of the subdivider and the Director of Planning priorpublic hearing. In the event to the scheduling of a the Director determines a tentative map application is subject to the requirements of the Ca l i forni-a Environmental Quality Act (C©QA) , it shall not be accepted as Mete until such time as all environmental documentation required under hided. A waiver of applicable time limits may also be required to permit concurrent processing of related project approvals. B. For providing required information Information required by the Director of Planning shall be submitted within four months after an application was received, in the event that the Director determined that an application for tentative map or tentative parcel map was incomplete. Otherwise, the application shall be determined to be withdrawn. The Director of Planning may, however, approve a request for additional time to submit required information. 17.04.070 Expirations Approved or conditionally approved tentative subdivision maps and tentative parcel maps shall expire in twenty-four (24) months from its approval by either the Planning Commission or City Council, whichever occurs last, unless an extension is approved as provided by the following: A. One or more additional time extensions not to exceed a total of 36 months may be granted. B. A subdivider may request an extension by application to the Planning Department. The application shall be filed within ninety (90) days prior to the expiration date of the tentative map. Requests for all extensions shall be accompanied by a processing fee as prescribed by resolution of the City Council. C. Requests for extension may be approved, conditionally approved, or denied. The decision regarding requests for extension of tentative subdivision maps for five (5) parcels or more shall be made by the City Council. The decision regarding requests for tentative subdivision maps for four (4) parcels or less shall be made by the Planning Cemmission. The subdivider may appeal the decision of the Planning Commission to the City Council. The appeal shall be filed with the City Clerk within fifteen (15) days after the action of the Planning Camlission and shall be accompanied by a processing fee as prescribed by resolution of the City Council. 17.04.080 Amendments to Approved or Conditionally Approved Tentative Maps A. Minor amendments Minor amendments to the approved or conditionally approved tentative map may be approved by the Director of Planning upon request of the subdivider or on the Department's awn initiative, provided: 1. No lots, units, or building sites or structures are added; 2. Changes are consistent with the intent and spirit of the original tentative map approval; 3. There are no resulting violations of this title or the Subdivision Map Act. An amendment to a map shall be indicated on the approved or conditionally approved tentative map and certified by the Director of Planning. B. Amendment to conditions of approval Amendments to the tentative map conditions of approval shall be presented to the Planning Commission for its approval. They shall also be presented to the City Council for approval, where the resolution of approval for the tentative map was adopted by the City Council. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. Any approved amendment shall not alter the expiration date of the tentative map. Chapter 17.05 FINAL MAPS - PROCEDURES Sections: 17.05.010 General 17.05.020 Form, Content and Aceanpanyirrg Material 17.05.030 Sutxnittal 17.05.040 Approval 17.05.050 Recordation 17.05.010 General Following the approval by the City Council of a tentative subdivision map, or approval by the Planning Commission in the case of a tentative parcel map, the subdivider may cause a final subdivision or parcel map to be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor, in accordance with a completed survey of the subdivision and in full compliance with the Subdivision Map Act and this title. 17.05.020 Form, Content, and Accaiipanyirig Material A. Fach final subdivision or parcel map shall be prepared in accordance with the following: 1. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyster base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. 2. The size of each sheet shall be eighteen (18) inches by twenty- six (26) inches. 3. A marginal line shall be drawn caiipletely around each sheet, leaving an entirely blank margin of one (1) inch. 4. The scale of the map shall be large enough to show all details clearly and not less than one hundred (100) feet to the inch. 5. Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. 6. The final subdivision or parcel reap number and name, scale, north point, and sheet number shall be shown on each sheet of the map. 7. The exterior boundary line of the land included within the subdivision shall be indicated by a distinctive syrnbdl. The map shall show the definite location of the subdivision, particularly its relation to surrounding surveys. 8. Me title sheet of each final subdivision or parcel map shall contain a title satisfactory to the City Engineer consisting of the number, name or other designation of the subdivision together with the words: "In the City of National City" or "Partly within the City of National City and partly in another City or the County". Below the title shall be a sub -title consisting of a general 1�description of all property being subdivided, by reference, to subdivisions or to section surveys. The referenced subdivision shall be spelled out and worded identically with original ` recoLds, with complete references to proper recording informatign or map numbers. Thr, title sheet shall also show the basis of; bearings, the number of lots, the area of each parcel, the acreage of the subdivision, a soils report note, and monument notes. Maps filed for the purpose of reverting subdivided land "The to acreage shall be conspicuously marked: purpose of this map is reversion to acreage". Maps filed for the purpose of a condominium shall be conspicuously marked "For Condominium Purposes". 9. Each parcel shall be numbered in consecutive order. 10. n1he names of all streets, alleys or highways within or adjoining the subdivision shall be shown. 11. Building setback lines shall be shown which have been approved specifically for the subdivision and which differ from standards established in the Land Use Code for the zone in which the subdivision is located. 12. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, and boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. Length, radius, and total central angle or radial bearings on all curves shall be shown. 13. qbe location and description of all existing and proposed monuments shall be shown. 14. Whenever the City Engineer has established the centerline of a street or alley, such data shall be considered in making the surveys and in preparing the final subdivision or parcel map. All monuments found shall be indicated and proper references made to field books or maps of public record relating to the monuments. Ifthe points were reset by ties, that fact shall be stated. 15. The adjoining identified by by subdivision the final map adjacent,, then recorded deed owner. 16. The final crossing clearly boundary. corners of all abutting subdivisions shall be subdivision number, or by name when not identified number, and by reference to the book and page of showing such subdivision. If no subdivision is by the name of the owner and reference to the by book and page number for the last recorded subdivision or parcel reap shall show City boundaries or adjoining the subdivision. The boundaries shall be designated and clearly related to the subdivision 17. The final subdivision or tercel map shall show the centerline data and width and side lines of all easements to which the lots are subject. Easements shall be clearly labeled and identified with respect to the use for which intended and if already of record, proper reference to the records shall be shown. Public easements shall be dedicated and so indicated in the certificate of dedication. At the time the subdivider presents the niap, there shall be presented certificates executed respectively by the various public utility companies authorized to serve in the area of the subdivision, certifying that the .satisfactory provisions have been executed and delivered to the certifying companies for recording. Easements for public utility companies shall be designated on the final sutdivision or parcel map as "Easements for Public Utilities" and shall be reserved for the use and benefit of, and the conveyance to the several public utility, canpanies which are authorized to serve in the subdivision. 13. The foilowipg certificates and acknowledgments must appear on the title sheet of the final sutdivision or parcel map: r 1. Owner's certificate signed and acknowledged by all parties having record title interest thereof in the completed subdivision with exceptions as provided by the Subdivision Map Act, including dedications and offers of dedication, if any, which shall, by their terms, not be revocable without City consent in the event the final subdivision or parcel map is approved. 2. Engineer's or surveyor's certificate. 3. City Engineer's certificate of approval. 4. City Clerk's certificate of approval by City Council and acceptance of offer of dedication. 5. Mayor's certificate of approval by the City Council. 6. Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as required. C. The following statements, documents, and other data shall be filed with the Final Subdivision or Parcel Map. 1. A guarantee of title certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements, including all public streets, being offered for dedication, and all acknowledgments thereto, appear and are correctly shown on the property certificates, and are properly shown on the map, both as to consents for the making thereof and affidavits of dedication where necessary. 2. The plans, profiles, cross -sections, specifications, and applicable permits to the satisfaction of the City Engineer for the construction and installation of all required improvements. 3. The declaration of covenants, conditions, and restrictions containing, the provisions described in Section 1353 of the State Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil Code, for a common interest development within the meaning of Sections 1350 et.seq. of the Civil Code; and All protective covenants, conditions, restrictions, or affirmative obligations in the form in which the same are to be recorded for any subdivision, as approved by the City Attorney. In the case of private maintenance agreements this shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefor as a lien against the property if said property is not adequately maintained per the agreement. The declaration of covenants, conditions and restrictions shall include a determination that the funds provided by the maintenance provisions will be sufficient to' cover all contemplated costs. 4. A filing fee as prescribed by resolution of the City Council. 5. Deeds for easements of rights -of -way or other dedications which have not been dedicated on the final sulxlivision or parcel map. Written evidence acceptable to the City Attorney in the form of rights-of,7entry or permanent erlsoments across private property outside of the subdivision, p-rmittin9 or granting access to perform ,T,necessary construction wDrk and permitting maintenance of the facility. 6. A certificate from the County Tax Collector stating that all taxes (hie have been paid or that a tax bond or other adequate foLm of security assuring payments of all taxes which are a lien but not yet payable has been filed with the County. 7. All other data required by law or by the conditions of approval of the tentative subdivision or parcel map, including plans, reports, agreements, permits, fees, security or other requirements. 8. If as a condition of approval of the tentative parcel map the subdivider has been required to construct or install certain improvements, which have not been completed at the time of approval of the parcel map, a certificate indicating the improvement requirements shall be affixed to the map. 17.05.030 Submittal For purposes of filing a final subdivision or parcel map, the subdivider shall submit five (5), or more, if required by the City Engineer, blue line prints of the map to the City Engineer for reviewing. The City Engineer will review the map and one (1) blue line print will be returned to the subdivider or his engineer showing modifications thereon, if any. The remaining prints will be retained for departmental purposes. The City Engineer will request additional blue line prints for each additional review submittal. When the map is found to be complete, an original tracing (tracing cloth or polyester base film) with blue line copies will be requested by the City Engineer. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates. The City Engineer shall transmit final parcel maps with offers of dedication and all final subdivision naps to the City Council for approval. 17.05.040 Approval A. City Engineer The City Engineer shall have final approval of parcel maps with no offers of dedication. The City Engineer shall approve the parcel map if it is in clunpliance with the requirements of the Subdivision Map Act, this title, and the tentative parcel map and all conditions thereof. The , City Engineer shall deny the parcel map if it is not in compliance. B. City Council After receipt of said map, the City Council shall act upon the final subdivision or parcel map within the time and in the manner prescribed by the Subdivision Map Act. The City Council shall also approve, conditionally approve, subject to public improvements, or disapprove, any offer of dedication pursuant to the Subdivision Map Act. The City Council shall approve the final map or parcel map if the City has approved a tentative map for the proposed subdivision and if the City Council finds that the final map or parcel map is in canpliance with the requirements of the Subdivision Map Act, this title, and the tentative map and all conditions thereof. It shall deny the final map if it is not in compliance. 17.05.050 Recordation The City Clerk shall transmit the approved parcel map or final map to the County Recorder, subject to the provisions of Section 66464 of the Subdivision Map Act. Chapter 17.06 VESTING TENTATIVE NAPS Sections: 17.06.010 Authority 17.06.020 Purpose and Intent 17.06.030 Filing and Processing 17.06.040 Rights conferred 17.06.050 Consistency with zoning and general plan 17.06.010 Authority. This chapter is enacted pursuant to the authority granted by the Vesting Tentative Map Statute, Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of'the Government Code of the State of California. 17.06.020 Purpose and Intent. It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Rip Statute, and to supplement the provisions of the Subdivision Map Act and Title 17 of the Municipal Code. Except as otherwise set forth in the provisions of this chapter, the provisions of Title 17 of the Municipal Code shall apply. 17.06.030 Filing and Processing A. Whenever a tentative map or a tentative parcel map is filed for a residential or nonresidential development, the subdivider may file a vesting tentative map or vesting tentative parcel map subject to the provisions of this chapter. B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face "Vesting Tentative Map." If the map is a vesting tentative parcel map the words "Vesting Tentative Parcel Map" shall appear conspicuously on its face. C. In addition to the other information required by this title to be shown on or provided with a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to tile Director of Planning: 1. The height, bulk and location of proposed buildings. 2. Plans and specifications for all public facilities including but not limited to on and off -site sewer, water, drainage, roads, and other improvements. The subdivider shall submit detailed geological, drainage, flood control, soils, traffic, acoustical, market feasibility, fiscal impact or other reports deemed necessary by the City Engineer or Director of Planning to permit a canplete review of the design and improvements for the subdivision. 3. Detailed final grading plans showing existing and proposed finished grades at two foot intervals. 4. Information on the uses to which the buildings will be put and general architectural renderings of the buildings. 5. Detailedvflandscape plans. D. All vesting .tentative maps regardless of the number of lots shall be considered bY: the City Council after a report and recommendation by the Planning Carrnission. E. All vesting tentative parcel maps shall be referred to the Planning Commission for consideration. The decision of the Planning Commission concerning a tentative parcel map shall be final except as otherwise provided by Title 17 of the Municipal Code regarding appeals and City Council review. F. The time for filing a final map for a vesting tentative map shall not be extended. Failure to file a final map within the time period established at the time of tentative map approval shall eliminate all proceedings, and no final map or parcel map for all of any part of the property included within the vesting tentative map shall be filed without first processing a new tentative map pursuant to this title. G. The time for filing a parcel map for a vesting tentative parcel map shall not be extended. Failure to file a parcel map within the time period established at the time of tentative map approval shall terminate all proceedings, and no final map or parcel map for all or any part of the 'property included within the vesting tentative map shall be filed without first processing a new tentative parcel map pursuant to this title. B. A vesting tentative map or vesting tentative parcel map shall not he approved or conditionally approved unless the City Council or Planning Commission, whichever is the final decision making body, finds on the basis of the studies and reports submitted by the subdivider that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be available for the entire time that the vesting tentative map or vesting tentative parcel map is valid plus any time during which the rights conferred by Section 17.06.040 exists. 17.06.040 Rights Conferred. A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a right to proceed with develop -tent in substantial compliance with the ordinances, policies and standards described in ,Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed the approval or conditional approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map or vesting tentative parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the City Council. B. Notwithstanding subsection (A) the permit or entitlement for development may be conditionally approved or denied if at the time of the issuance of the permit approval or entitlement it is determined by the issuing authorityor the City Council on appeal: 1. A failure to condition or deny the penult or entitlement would place the residents of the subdivision or of the immediate community or both in a condition dangerous to their health or safety or both; or 2. The condition or denial is required in order to comply with state or federal law. C. The rights conferred by a vesting tentative map or the vesting tentative parcel map shall expire if: 1. A finaimap or parcel map is not approved prior to the expiration of theYvesting tentative map or the vesting tentative parcel map; or, 2. The applicant has requested and the City has approved a change in the typO, density, bulk or design of the developnent unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved. D. Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map the rights conferred by subsection A shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map this period shall begin for each phase when the final map or parcel map for that phase is recorded. E. The time period set forth in subsection (D) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is accepted. F. A subdivider may file a request with the Director of Planning for a one year extension of the rights conferred by subsection (D) at any time before the time period set forth in subsection (D) expires. An extension may be 'granted only if the Council or Planning Commission, whichever was the approving body, firxls that the map still complies with the requirements of this chapter. The Planning Commission or City Council may approve, conditionally approve or deny an extension in its sole discretion. The Planning Commission's decision shall not be appealable. Where the City Council is the approving body, it shall consider the reccmmendation of the Planning Commission. G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (D) through (F) the rights referred to therein shall continue until the expiration of that building permit, or any extension of that permit. H. Upon the expiration of the time limits specified in subsections (C), (D), (E), (F), or (G) all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter. 17.06.050 Consistency with Zoning and General Plan. No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map and the design or improvement of the proposed development are not consistent with the applicable general, specific or master plans or with the applicable provisions of Title 18. If,develoment of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to Title 18 of this Code (Zoning), those permits or approvals shall be processed concurrently with the vesting tentative map or vesting tentative parcel map. A vesting tentative map or vesting tentative parcel nkg) shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with approval of the map. Chapter 1 7 . 07 DEDICATIONS AND It4I'ROVEMEIfl'S Sections: 17.07.010 General Requirements 17.07.020 Dedications 17.07.030 Improvements 17.07.040 Design & Improvement Standards 17.07.050 Improvement Plans 17.07.060 Exceptions 17.07.010 General Requirements The standards and requirements as specified in this title and as adopted by resolution or ordinance of the City Council, shall apply to all final subdivision and parcel maps unless otherwise indicated by this title, or unless expressly waived by the City Council. Additional requirements may be recommended to the City Council by the Director of Planning or the City Engineer as prescribed in Chapter 17.08. 17.07.020 Dedications The subdivider shall offer to dedicate the following for public use: A. All streets, highways, alleys, ways, easements, rights -of -way, and parcels of land shown on the final subdivision or parcel map and intended for public use by appropriate certificate on the title page. All irrevocable offers of dedication shall also be shown by appropriate certificate on the title page. B. Vehicular access rights fran any parcel to any highway or street when required by the conditions of approval of the tentative subdivision or parcel map. Such rights shall be offered for dedication by appropriate certificate on the title sheet, and a note stating: "Vehicular Access Rights Dedicated to the City of National City" shall be lettered along the highway or street adjacent to the parcels affected on the final map. C. All streets, highways, alleys, ways, easements, rights -of -way, and other public improvements offered for dedication shall.be designed, developed, and improved according to the standards of the City of National City and to the satisfaction of the City Engineer. D. Any private utility easements required by the various utilities shall be shown on the final subdivision or parcel map and dedicated to the appropriate agency by separate document. E. All drainage easements: 1. When storm drainage improvements are required on private property the subdivider shall offer to dedicate upon the final subdivision or parcel map thereon the necessary rights -of -way for such improvements plus access thereto; or 2. When the property being subdivided, or any portion thereof, is so situated as to be in the path of the natural drainage fran adjoining property and no street, alley, or way within the subdiviOon is planned to provide for the drainage of such adjoining property, the subdivider shall offer to dedicate drainage and access easements adequate to provide in the future for the'ultimate drainage of the adjoining property. F. The City •may require that areas of real property within the subdivision be dedicated or reserved for parks, recreational facilities, fire stations, libraries, or other public uses subject to the provisions of Section 66479 through Section 66432 of the Subdivision Oap Act. 17.07.030 Improvements 17.07.031 General The subdivider shall construct all required improvements, both on -and off - site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the City Council's resolution or resolutions establishing such standards. No final map shall be presented to the Council for approval or parcel map approved by the City Engineer until the subdivider either completes the required improvements, or enters into an agreement with the City to do the work. The agreement to complete the subdivision improvements shall be guaranteed by the posting of appropriate security. Plans, profiles and specifications of proposed improvements shall be submitted to the City Engineer for review, accompanied by a checking fee as set by resolution of the City Council. The improvement plans must be approved by the City Engineer prior to the approval of the final subdivision or parcel map. 17.07.032 Required Improvements All improvements as may be required as conditions of approval of the tentative map or tentative parcel map, or by City ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions. Requirements for construction of on -site and off -site improvements for subdivisions of four (4) or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. The minimum improvements required of the subdivider for final subdivision and parcel maps, are as follows: A. Grading and improvement of public and private streets and alleys including surfacing, curbs, gutters, cross gutters, sidewalks, ornamental street lighting, street name signs and necessary barricades and safety devices. 1. Grading. All streets and alleys or other access ways shall be graded according to plans and profiles approved by the City Engineer and City Council. 2. Curbs. Curbs shall be constructed on both sides of all streets within the subdivision and on the subdivider's side of all streets bounding the subdivision where curbs are not already in place. Standard combination curb and gutter shall be mandatory. 3. Sidewalks. All sidewalks shall be installed with a minimum width of five feet and a distance of two feet from the property line on both sides of all streets within the subdivision and on the subdivider's side of all streets bounding the subdivision where sidewalks are not already in place. 4. Subgrading and Surfacing. All streets within the subdivision and the subdivider's half of all streets bounding the subdivision shall be constructed per City standards or per standards established by a soils report and determined acceptable by the City Engineer. The soils rnport shall be preparc?d by a California registered civil engineer or jointly by a California registered civil engineer and a geologist if so required by the City Engineer. B. Sufficient storm drainage and flood control facilities to carry storm runoff both tributary to and originating within the subdivision. Such facilities may be located within or outside of the subdivision. 1. Flow of water in any natural waterways changed or otherwise modified by an improvement within or in connection with the new subdivision shall be provided for with culverts or channels designed in conformity with good engineering practice. Surface drainage accumulated in streets shall be discharged into natural waterways by means of structures or channels satisfactory to the City Engineer. 2. Portland cement concrete cross gutters shall be installed in all locations where drainage crosses paved surface portions of the streets. C. A sanitary sewage system serving each lot or unit of the subdivision, subject to approval of the City Engineer. D. A water supply system providing an adequate supply of potable water to each lot and fire hydrants within the subdivision. The water supply system shall be of the size and design prescribed by the water district subject to the approval of the City Engineer. E. Fire hydrants and connections shall be of the type and at locations specified by the Fire Marshal. F. Survey monuments. G. Public utility distribution facilities including gas, electric, and telephone necessary to serve each lot in the subdivision. All new utility distribution facilities within the boundaries of the subdivision and within the half street abutting any new subdivision shall be placed underground. The undergrounding improvements may be modified or waived by the City Council, upon recomendation by the Planning Commission, as provided by Section 13.08.050 of the Municipal Code. Underground cable for television or radio reception may be required, as provided by Section 13.08.020 of the Municipal Code. H. The City may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, or number for the benefit of property not within the subdivision, and that such improvements be dedicated to the public pursuant to Section 66485 and 66486 of tiK?. Subdivision Map Act. I. If the subdivider is required to construct off -site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, the City shall, within one hundred twenty (120) days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty (120) day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off -site improvements at the time the City acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off -site land or an interest in the land required to construct the off -site improvements. J. The location of utilities serving the lot shall be marked and identified at the curb. 17.07.040 Designand Improvement Standards Standards for design and improvements of subdivisions shall be in accordance with the applicable sections of the Land Use Code, the General Plan, any specific plans adopted by the City of National City, the requirements established by the City Engineer, and the following: A. Relations to adjoining street systems. 1. Unless otherwise recommended by the Planning Commission, new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining or adjacent subdivisions insofar as they may be necessary for public requirements. In F. Lots general, such streets shall be of a width as great as that of the streets so continued or projected. In no case shall the streets be less than forty (40) feet from curb to curb, nor shall the street right-of-ways be less than sixty (60) feet wide, except as provided in Section 17.07.040.B. Ifie centerlines in such streets shall continue with the centerlines of existing streets. 2. In general, streets shall extend to the boundary of the subdivision to provide the proper access to the adjoining property and provide for proper connection with the roadway system for contiguous and adjacent land. B. Street and alley widths. The minimum right-of-way width of streets and other public ways shall be as follows: 1. 6 lane arterial, 108 feet; 4-lane arterial and 4-lane collector street, 84 feet; 2-lane collectors and neighborhood streets, 60 feet; except where the General Plan or applicable specific plan requires a greater width, the minimum width shall be that required by the General Plan or applicable specific plan; 2. If alleys are provided, they shall be not less than twenty feet; 3. A street or alley lying along the boundary of a new subdivision may be dedicated one-half the required width if it is practical to require the dedication of the other half when the adjoining property is subdivided. Such portion of a street shall be distinctly designated on the map or plat as being a portion of a street and not a street of full width; 4. If one-half a street or alley abutting a new subdivision has previously been dedicated or exists, the other half must be dedicated on the map or plat of the new subdivision to make the street or alley complete. C. Intersections. Intersections of streets shall be at an angle of ninety degrees or as close to such an angle as practicable. Street width at intersections may be required to be widened, as determincNi by the City Engineer, by rounding or cutting the corners of adjacent blocks. D. Grades. 1. No grades of less than one-half of one percent shall be allowed on any street. 2. No grades of streets shall exceed grades of streets shall be as follows: Arterials: Collectors: Neighborhood Streets: In industrial and commercial areas maximum grade shall be: E. Blocks 6 percent 12 percent 15 percent 8 percent fifteen percent. Maximum 1. The lenah of blocks shall not exceed six hundred, sixty (660) feet. 2. The width of blocks shall generally be sufficient to allow two tiers oClots. 1. All lots shall front on a public street, or on a private street if peLmitted pursuant to subsection 11 of this section, below. 2. The side line of lots shall be as nearly at right angles or radial to the street upon which the lots face as practicable. 3. The width and the minimum area of each residential lot shall be governed by Title 18 of the Municipal Code (Zoning). 4. Lots must not be cut by a city boundary line. City boundary lines may be lot lines or centerlines of streets or alleys. G. Cul-de-sacs. Cul-de-sac streets shall have a maximum length of six hundred (600) feet. The end of the street right-of-way shall be a circular area with a minimum diameter of one hundred (100) feet. Cul-de-sac improvements shall satisfy the requirements of the National City Fire Department. H. Private Streets, Alley, or Ways 1. Private streets, alleys, or ways will be permitted only where an approved specific plan or planned unit development permit authorizes a private street and only when the welfare of the occupants of the subdivision will be better served and the public welfare will not be impaired. Such private street, alley, or way shall not be offered for dedication and shall be shown on the final subdivision or parcel map as a parcel and lettered alphabetically. All private streets, alleys, or ways shall be designed, developed, and improved to the planned unit development standards of the City of National City, except as may be otherwise recommended by the City Engineer. 2. All such access ways shall be governed by maintenance agreements. Said agreements shall be approved by the City and be made a part of the property deed. rthey shall conform to provisions of National City Municipal Code Section 17.05.020 C.3 to grant, the City the authority but not the obligation to assume maintenance and assess full costs. 17.07.050 Improvement Plans Improvement plans shall be prepared by a California registered civil engineer and shall be completed to the satisfaction of the City Engineer prior to acceptance of the final subdivision or parcel map. All improvements shall conform to the standard specifications and drawings of the City. 17.07.060 Exceptions A. Exceptions may be granted to the requirements or standards imposed by these regulations where consistent with, or not specifically prohibited by, the provisions of the St division Map Act. T1lie exceptions nay be granted by tho City ('olmcil, or key` t w Planning Ccxinn_i.ssioit for tentative parcel maps, sul) jnct t.o appeal. In granting such exceptions or modifications, the following findings shall be made: 1. Tlie property to be divided is of such size or shape, or is affected, by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements; and 2. The exception will not be detrimental to the public health, safetW! or welfare, or be detrimental to the use of other properties in the vicinity; and 3. Granting of the exception is in accordance with the intent and purposed of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. B. The decision to grant an exception shall not be based on the consideration of cost to the subdivider of strict or literal compliance with the regulations. C. In granting any exceptions, there shall be imposed such conditions as are necessary to protect the public health, safety, or welfare and assure compliance with the General Plan, all applicable specific plans, and with the intent and purpose of this title. Chapter 17.08 ADDITIONAL REQUI I IEN 11S Sections: 17.08.010 Soils Report 17.08.020 Monuments 17.08.030 Standards of Design 17.08.010 Soils Report A, A soils report, based upon adequate test borings, shall be required and submitted to the City Engineer for every subdivision for which a final subdivision or parcel map is required. The soils report shall be prepared by a California registered civil engineer, or jointly by a California registered civil engineer and a geologist if so required by the City Engineer. The soils report may be waived if the City Engineer finds that sufficient knowledge exists as to the soils qualities of the subdivision. B. In the event the soils report indicates the presence of expansive soils or other soils problems which, if not corrected would lead to structural defects, a soils investigation of each lot or parcel in the subdivision may be required and must be performed by a California registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage. C. The subdivision or any portion thereof where such problems exist may be approved if it is determined that the recommended corrective action is likely to prevent any structural damage and that the issuance of any building permit shall be conditioned to include this recommended corrective action prior to the construction of each building involved. 17.08.020 Monuments At the time of making the survey for all final subdivision or parcel maps, a California registered civil engineer or California licensed surveyor shall set sufficient durable monuments to conform with the standards of the Subdivision Map Act and requirements established by the City Engineer, as follows: A. Boundary Monuments: The exterior boundary of the subdivision shall be monumental with permanent monuments consisting of not smaller than two inch (2") galvanized iron pipes at least twenty-four inches (24") long set at each corner, at intermediate points along the boundary not more than one thousand. feet (1,000) apart and at the beginning and end points of all curves; provided, if any existing record and identified monument meeting the foregoing requirements is found at any such corner or point, such monument may be used in lieu of a new monument. B. Lot Corner Monuments: All lot corners, except when coincident with an exterior boundary corner, shall be monumented with pen anont monuments of one of the following types: (i) Three -fourths inch (3/4") diameter iron pipe at least eighteen inches (18") long; (ii) One-half inch (1/2") diameter steel rod at least eighteen inches (18") long; (iii) Lead plug and copper identification disks set in concrete sidewalk or curbs. C. Such additional monuments to mark the limiting lines of streets as the City Engineer, may require. D. All other monuments set or proposed to be set shall be as indicated on the final map. E. All monumen kfs and their installation shall conform to the City of National City st-Andards. F. Where the setting of monuments is deferred following filing of a final subdivision or parcel map, such monuments shall be set within 30 days after the completion of the required improvements. The engineer or surveyor who set the monuments shall notify the City Engineer that all monuments have been exposed and are available for inspection. The monuments shall be inspected and found to be satisfactory by the City Engineer before the improvements are accepted. 17.08.030 Standards of Design The City Engineer shall maintain a manual setting forth the standards of design for public improvements within the City of National City. This manual shall set forth the details of design and design criteria such that engineers providing services for subdividers may readily incorporate such standards by reference. These standards shall be reviewed by the City Council and, when approved by them by resolution, three copies thereof shall be filed for use and examination by the public in the office of the City Clerk. Sections: 17.09.010 17.09.020 17.09.030 17.09.040 Chapter 17.09 BONDING AND IMPROVEMENT CITY Improvement Agreement Subdivision Improvement Security Improvement Security Release Forms of Security 17.09.010 Improvement Agreement Prior to the approval of the final subdivision map or of the parcel map the subdivider shall execute and file an agreement with the City, which shall specify the period within which he shall complete all improvement work to the satisfaction of the City Engineer, and providing that if he shall fail to complete such work within such period, the City may complete the work and recover the full cost and expense thereof from the subdivider. This agreement shall also provide for inspection of all improvements by the City Engineer. A fee as set by resolution of the City Council, must be paid by the subdivider for the cost of such inspection. neer The agreement shall be prepared to the satisfactionoftheCity and approved as to form by the City Attorney. 17.09.020 Subdivision Improvement Security To guarantee the performance of any action or agreement with regard to the proposed subdivision, security shall be furnished as follows: A. A faithful performance security for the purpose of subdivision improvement set at an amount determined by the City Engineer equal to one hundred (100) percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement. B. A labor and materials security furnished as an additional amount determined by the City Engineer equal to fifty (50) percent of the total estimated cost of the improvements or of the performance of the required act to guarantee payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for completion of the improvements or of the performance of the required act. C. The monumentation agreements shall be accomplished by a faithful performance security in a sum equal to the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes. 17.09.030 Improvement Security Release Ninety percent (90%) of the faithful performance subdivision improvement security shall be released upon completion and acceptance of the work required under the agreement for the guarantee and warranty of said work. The remaining ten percent (10%) of the faithful performance subdivision improvement security shall continue in effect for a period of one year following the completion and acceptance of said work. The procedure for release shall be a written communication from the City Clerk to the subdivider and the maker of the bond or holder of the surety. The City Clerk shall make such a release letter only upon the recommendation of the City Engineer. Prior to making such a recommendation, the City Engineer shall ensure that all actions or improvements affecting other departments or agencies have been properly completed to the satisfaction of such departments or agencies including, but not limited to the Director of Planning, and agencies handling water, sewer, electricity, gas, and street lighting. 17.09.040 Forms of Security The form of security shall be one or a combination of the following at the option and subject to approval of the City. A. A bond or bonds furnished by a surety cc*npany authorized to write the same in the State of California, subject to the approval and acceptance by the City Attorney and the City Council. B. Cash or acceptable equivalent may be deposited in lieu of any faithful performance bond required by this section, where the subdivider may deposit with the City a sum of money equal to the required amount of such bond or security for the faithful performance thereof. No separate labor and material bond shall be required when cash surety is used; however, an amount equal to the required labor and material bond will not be released until six (6) months following completion and acceptance of the improvements and then such release will be less any unsettled claims. ' C. Other forms of security will be permitted when approved by the City Attorney. These would include letters of credit, assignment bank or savings and loan pass book accounts, and completion of proceedings under one of the State Assessment District Acts. CHAPTER 17.10 MERGER OF PARCELS Sections: 17.10.010 Requirements for Merger of Contiguous Parcels 17.10.020 Treatment of Lots After Merger 17.10.030 Contiguity 17.10.040 Notice of Intention to Determine Status for Merger of Parcels 17.10.050 Planning Commission Hearing 17.10.060 Alternative for Determination of Merger 17.10.070 Recordation of Notice of Merger 17.10.080 Appeals 17.10.090 Request to Merge by Property Owner 17.10.100 UnmeLged Parcels (Sections 66451.30 et seq) 17.10.110 Request for Determination of Unmerger by Owner 17.10.120 Fee for Merger and Unrnergers 17.10.010 Requirements for Merger of Contiguous Parcels Two (2) or more contiguous parcels or units of land held by the same owner shall be merged if one (1) of the parcels or units of land does not conform to the minimum parcel or lot size required by Title 18 (Zoning) of the Municipal Code, and if the following circumstances exist. A. One (1) of the parcels or units of land is not developed by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with one or more accessory structures, or is developed with a single -structure that is also partially sited on the contiguous parcel with which it would be merged. Merger shall occur only to the extent necessary to establish lots conforming to the current standards for minimum parcel area and dimensions and after a public hearing has been held thereon pursuant to Section 17.10.050. B. One (1) or more of the following conditions affects any of the parcels: 1. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger. 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation. 3. Does not meet current standards for sewage disposal and domestic water supply. 4. Does not meet slope stability standards. 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. 6. Its development would create health or safety hazards. 7. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. C. For purposea of determining whether contiguous parcels are held by the same owner, :ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this article. Tf D. Subsection 13 shall not apply if any of the conditions stated in Section 66451.11 (A), (B), (C), or (D) of the Subdivision Map Act exist. 17.10.020 Treatment of Lots After Merger After merger has occurred under this chapter, such parcels or units of land shall be treated as a single parcel under the provisions of the National City Municipal Code. 17.10.030 Contiguity Property shall be considered as contiguous parcels or units of land if they are adjoining, even if they are separated by roads, streets, alleys, railroad rights -of -way, or other features deemed to be similar by the Director of Planning 17.10.040 Notice of Intention to Determine Status for Merger of Parcels A notice of intention to determine status for merger of parcels shall be provided by the Director of Planning prior to recordation of a notice of merger in the following manner: A. The notice shall be mailed, by certified mail, to the current record owner of the affected parcels. B. The notice shall be filed for record with the County Recorder on the date that it is mailed to the property owner. C. The notice shall state the following: (1) That the affected parcels may be merged pursuant to the requirements of this chapter, (2) That a written request for hearing before the Planning Commission may be submitted to the Planning Department within 30 days from the date the notice was recorded to present evidence that the property does not meet the criteria for merger. 17.10.050 Planning Commission Hearing A hearing, if requested, shall be scheduled by the Director of Planning, and shall be subject to the following requirements: A. Notice of hearing shall be mailed to the owner, by certified mail, indicating the time, date and place of the hearing. B. The hearing shall be conducted within sixty (60) days following the receipt of the goner's request, or may be postponed or continued by mutual consent of the Planning Director, or Planning Commission, and the owner. C. At the hearing, the owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger. D. At the conclusion of the hearing, the Planning Commission shall determine that the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The Planning Department shall mail a notice of the determination to the owner following the hearing. 17.10.060 Alternative for Determination of Merger The Planning CAnmission may determine that the parcels are not to be merged whether or not the affected property satisfies the requirements for merger in Section 17.10.010. 17.10.070 Recordation of Notice of Merger A. Subsequent to hearing If the Planning Commission makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the County Rider by the Director of Planning within thirty in) daysof the . ccnclusic of the hearing, unless the decision appealed pursuant to Section 17.10.080. The notice of merger shall specify the name of the record comer and a description of the property. If the Planning Commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the County Recorder by the Director of Planning and a clearance letter shall be mailed to the owner by the Director of Planning. B. Determination when no hearing is requested If the owner does not file a request for a hearing within thirty (30) days after the recording of the notice of intention to determine status, the Director of Planning may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the County Recorder by the Director of Planning within ninety (90) days after the mailing of the notice of intention to determine status pursuant to Section 17.10.040. If the parcels are not to be merged, a release of the notice of intention to determine status shall be filed for record with the County Recorder by the Director of Planning. 17.10.080 Appeals The determination of the Planning Commission may be appealed to the City Council in accordance with Section 17.04.050B. The City Council shall hear the appeal within sixty (60) days from the day of appeal. The hearing shall be held in accordance with Section 17.10.050. If, after the hearing, the City Council grants the appeal and determines that the affected property has not been merged pursuant to this article, the Director of Planning shall file for record with the County Recorder a release of the notice of intention to determine status and mail a clearance letter to the owner. If the City Council denies the appeal, a notice of merger shall be filed for record with the County recorder by the Planning Director within thirty (30) days after the hearing. 17.10.090 Request to Merge by Property Owner If the merger of contiguous parcels or units is initiated by the record owner, but is consistent with City requirements, the owner may waive in writing the right to a hearing before the Planning Commission and to all notices required by this article. Upon receipt of such waiver, the Department shall simultaneously file for record with the County Recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger. 17.10.100 Unmerged Parcels (Sections 66451.30 et.seq.) Any parcel for which a notice of merger had not been recorded on or before January 1, 1984, shall be merged if on that date: A. The parcel meets each of the following criteria: 1. Contains at least five thousand (5,000) square feet in area. 2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation. 3. Meets current standards for sewage disposal and domestic water supply. 4. Meets slope density standards. 5. Has legal access which is adequate for vehicular and safety equipment access and maneuverability. 6. Its unmerger and development would create no health or safety hazards. 7. The urInerged parcel would be consistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. B. None of the conditions stated in Section 66451.30(b) (1), (2), (3), (4) or (5) of the Subdivision Hap Act exist. 17.10.110 Request for Determination of Unnercier by Owner Upon written application made by the owner to the Director of Planning, the Planning Carinission shall make a determination as to whether any parcels have merged or are to be merged or have not merged. If the Planning Cb mlission determines that the parcels meet the requirements for urn.rger in Section 17.10.100, a notice of status shall be issued to the owner and filed for record with the County Recorder by the Director of Planning, which shall identify each parcel and declare that they are urmsged pursuant to this chapter. If the Planning Commission determines that the parcels have merged a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director of Planning, unless appealed to the City Council. The appeal must be filed, in writing, with the City Clerk, within 10 days of the determination by the Planning Commission. If the City Council denies the appeal, the Planning Director shall issue to the owner and file for record with the County Clerk said notice of merger. If the City Council grants the appeal, a notice of status shall be issued to the owner and filed for record with the County Recorder by the Director of Planning. The notice shall identify each parcel and declare that they are unmerged pursuant to this chapter. 17.10.120 Fee for mergers and unmergers A fee and/or deposit for processing mergers and unmergers at the request of an owner shall be charged to the owner, in accordance with Section 17.01.050. Chapter 17.11 ADJUSTMENT PLATS Sections: 17.11.010 Submittals 17.11.020 Adjustment Plats 17.11.030 Approval 17.11.010 Suhnittal Any person desiring to adjust the boundaries between two (2) or more existing parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existing is not thereby created, shall file an application for an adjustment plat with the City Engineer. The City Engineer shall refer a copy of the proposed adjustment plat to the Director of Planning and may refer copies of such plat to other departments and public agencies for review and comment thereon. 17.11.020 Adjustment Plats A. Specifications Adjustment plats shall be filed with the City Engineer in accordance with the following specifications: 1. The plat shall be drawn on a foLm provided by the City Engineer. 2. The plat shall be drawn legibly to an engineer's scale (e.g. one inch equals 100 feet). It shall be done with drawing ink only. 3. All parcels proposed to be adjusted shall be shown, including all contiguous property within the same ownership which is not a separate legal lot. 4. Each plat shall show not more than a total of four parcels. Additional applications and appropriate fees must be submitted if more than four parcels are involved. 5. rihe adjustment plat shall be prepared by a California registered civil engineer or California licensed land surveyor. B. Required Information Each adjustment plat shall contain the following information: 1. North point and scale of plat. 2. Name, address and telephone number of applicant, i.e., the person seeking approval of the adjustment plat. 3. Name, address, telephone number and signature of owner or owners, properly notarized on a separate sheet. 4. Name, address, telephone number of the engineer or surveyor who prepared. the plat and his registration or license number. 5. The locqtion, width and namr,s, if any, of all existing streets and the: location, width and purpose of all easements which lie within ,the exterior boundaries of the land containing the parcels whose bOndaries are subject to the proposed adjustment. 6. The names of the owners be labeled within or adjacent to the parcels involved. 7. The existing boundary proposed to be relocated shall be shown as a dashedjine and labeled "Existing Boundary." 8. The proposed boundary shall "Proposed Boundary." 9. Sufficient legal description of the ownerships involved parcels. 10. A small scale vicinity map. 11. The net area of each proposed lot. 12. The dimensions of each boundary of each proposed lot. 13. The location of all existing buildings and structures and their uses, the minimum distance between each building or structure and the boundary of the proposed lot within which it is situated. 14. A statement of the existing zoning and the proposed use of each lot. 15. A Lot Book Guarantee from a Title Company will be required for each parcel. C. Additional Documents Required 1. A title report for the affected property. 2. Each adjustment plat for more than one owner shall be accompanied by grant deeds executed and acknowledged by owners for the transfer of property affected by the boundary adjustment. These deeds will be recorded simultaneously with the plat by the City. 3. A record of survey is required in order to assure proper recording of new boundary monuments resulting from the adjustment plat. 4. Any other,information that the City Engineer may require. 5. Fees as established by resolution. 17.11.030 Approval A. After said application for approval of an adjustment plat has been accepted as complete by the City Engineer, The City Engineer and Director of Planning shall approve or conditionally approve such plat if the adjustment plat does not: 1. Create any new parcels; 2. Include any parcels created illegally; 3. Impair any existing access or create a need for new access to any adjacent parcels; 4. Impair any existing easements or create a need .for any new easements serving adjacent parcels; 5. Require substantial alteration of any existing improvements or create a.need for any new improvements; 6. Adjust he boundary between lots or parcels for which a covenant of improvement requirements has boon recorded and all required improveipents stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements. 7. Cause the revised parcels to violate provisions of the General Plan, any specific plan, zoning ordinance or Building Code. be shown as a solid line and labeled of the land to define the boundaries and the Tax Assessor's parcel or 8. Impair the ability of each revised parcel to be served by a sewer or septic system as determined by the City Engineer. B. The City Engineer and Planning Director may impose such conditions of approval to be satisfied prior to recordation of the adjustment plat as they find necessary to insure that the boundary adjustments involved are in full compliance with this title and chapter. C. In any case, where an adjustment plat is approved, it shall be reflected in a deed or record of survey which shall be recorded. Sections: 17.12.010 17.12.020 17.12.030 17.12.040 17.12.010 Chapter 17.12 ENFORC T General Notice of Violations Development Approvals Certificate of Compliance General It shall be unlawful for any person, principal, agent or otherwise to sell, lease, finance, or transfer title to any portion of any subdivision or parcel of land in the City, for which a final parcel map or a final subiivision map is required pursuant to the Subdivision Map Act or this certificate of final subdivision map, or cer title, unless a final parcel map, compliance in full compliance with the Si i&i i vision Map Act and this title has been filed with the San Diego County Recorders office. 17.12.020 Notice of Violations Whenever the Director of Planning has knowledge that real property has been divided, or has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title enacted pursuant thereto applicable at the time such violation occurred, he shall mail, by certified mail, a notice of intention to record a notice of violation. Said notice of intention shall describe the property in detail, name the owners of said property, give a full explanation of the violation, and clearly state that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a meeting at which time the owner may present evidence to the Planning Commission why the notice should not be recorded. The notice shall also contain a description of the violations and an explanation as to why the subject parcel is not lawful under Section 66412.6 (a) or (b) of the Subdivision Map Act. The meeting shall take place no sooner than 30 days nor later than 60 days from the date of mailing. If after the owner has presented evidence, it is determined by the Planning Commission that there has been no violation, the Director of Planning shall mail a clearance letter to the current owner of record. If, however, after the ownerhas or s presented evidence, the determination is made that there has been within 15 days of receipt of the notice, the owner of the real property fails to inform the Director of Planning of the owner's objection to recording of the notice of violation, the Director of Planning shall record a notice of violation with the County Recorder. The noticenotice ct the violation,iltn when recorded, shall be deemed to be construct ive n to all successors in interest in such real property. 17.12.030 Development Approvals No agency or City department shall issue any permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or the provisions of this title enacted pursuant thereto applicable at the time of such division unless a certificate of compliance is issued pursuant to the provisions of Section 17.12.040. The authority to deny such a permit or such approval shall apply whether the applicant was the owner of record of the property at the time of the violation, or whether the applicant is either the current tamer of record or a vendee of the current owner of record pursuant to a contract of sale of the property with or without actual or constructive knowledge of the violation at the time of acquisition of interest in the property. 17.12.040 Certificate of Compliance A. Any person owning real property may request the issuance of a certificate of compliance stating that such real property (or any division thereof) complies with the provisions of the Subdivision Hap Act and this title. Such request shall be filed with the Director of Planning and accompanied by a fee, as adopted by resolution of the City Council, and such information as may be prescribed by the Director of Planning and Planning Commission. B. The Planning Commission shall make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and this title or that such real property does not comply with said provisions. The Director of Planning shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. C. If the subject real property is found to be in compliance with the Subdivision Map Act and this title enacted pursuant thereto, the Director of Planning shall cause a certificate of compliance relative to such real property to be filed for record with the County Recorder. However, if the subject real property is found not to be in compliance with said provisions, such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property may be imposed by the Planning Commission as a condition to granting a certificate of ccupliance. Upon the determination by the Planning Commission of conditions necessary to fulfill compliance, the Director of Planning shall then cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice that the implementation of such conditions shall be required prior to subsequent issuance of any permits or other grants of approval for development of the property. Section 2. That the City Council has considered proposed diNegating e Declaration No. IS-87-32 together with any comments received review approves the Negative Declaration, and finds on the public process,and any c iiinents received that there is no basis of the Initial study substantial evidence that the amendment will have a significant effect on the environment. PASS AND ADOPTED this 18th day of ;Goober, 1988. ATTEST: G'EORGE if. WA` LEES , r 1T YOR IONS CAMPI I :T,L, CITY CT APPROVED AS TO FOI.u1 GDOIZGE EISER, III - CITY ATTORNEY Y Passed and adopted by the Council of the City of National City, California, on 10-18-88 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Cooper, Dalla, Pruitt, VanDeyenter AUTHENTICATED BY: Waters None None GEORGE H. WATERS By: Mayor of the City of National City, California C„,„ City Clrk of the City of NationaCity, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 9-13-88 and on 10-.18-88 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1964 of the City of National City, passed and adopted by the Council of said City on 10-18-88 (Seal) City Clerk of the City of National City, California By: Deputy